Human rights commission et al: what is the role of South Africa's chapter 9 institutions?

Abstract:

The six independent institutions established under Chapter 9 of the South
African Constitution have been heavily criticised recently. One of the reasons
that they are vulnerable to criticism is a lack of understanding of their role, both
on the part of members of the institutions and the public. This article argues
that they share two distinct roles: To provide a check on government and to
contribute to the transformation of South African society. In fulfilling the
checking role, they differ from the three branches of government as they have
no power to block government action. Their effectiveness lies in their ability to
provide an authoritative account of government action and to cooperate with
government in the correction of problems. Their position as an intermediary
between the public and government ensures that they can contribute to
enhancing government accountability in ways that complement the role of the
courts and Parliament. The explicit mandates of transformation and
mobilization make the transformation role of the HRC, CGE and CRL
Commission very clear. But, in different ways, the other three institutions, can
also act proactively. Finally the article argues that, despite mandates that
overlap to some extent, the six institutions complement each other. Their
greatest challenges are the newness of democracy in South Africa, the
immensity of the demands which the state is expected to meet and the political
dominance of the governing party. Each of these factors puts pressure on the
chapter 9 institutions and on democracy in South Africa.